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Learn How California Courts Deal with Child Custody Issues in Domestic Violence Restraining Order Cases

California laws regarding child custody and visitation in the context of  Domestic Violence Restraining Order Cases have been changed. If domestic violence or drug/alcohol abuse is alleged, amended Family Code Section 3011(a) requires courts to consider virtual visitation and grant unsupervised visitation only if the court finds that such visits are in the child’s best… Read More »

Is Income Earned After I Separated from My Spouse Community Property?

I am often asked about the date of separation in the context of a California Divorce. Question: Is income earned and property purchased after the date of separation, included in the division of community property in a California divorce?  Answer: No. In California, income earned after the date of separation is separate property and is… Read More »

How Long Does a Divorce Take in Los Angeles California?

I am often asked “How long how long does it take to get divorced in Los Angeles County? (or Orange County, San Bernardino County,  Ventura County, etc) Most lawyers play it safe and say ” It depends.”  While that is true it’s not helpful. Based on my experience Post COVID California divorces are taking about… Read More »

Learn What to Do if Your Ex Files an Ex Parte about Child Custody

I am often contacted by nervous parents who state that their ex has filed (or is about to file) an Ex Parte Application concerning modifying or creating a child custody order in Family Law Court. Often after I listen to their story, I am able to tell them to relax. The most common reason I… Read More »

Los Angeles Family Law Courts No Longer Have Court Reporters

Change in Rules Regarding Court Reporters Effective November 14, 2022 the Los Angeles Superior Court Family Law Departments will amend its policies regarding the availability of official court reporters. Official court reporters are not statutorily required to be provided in unlimited civil, family law, or probate matters, and existing court reporter coverage will end November 14… Read More »

Can I Buy My Ex Out of Our House During Our California Divorce?

Question: Can I buy my ex-spouse’s interest out of our house? Answer: Well it just became a lot harder. (I am writing on October 11, 2022) Interest rates are rising, home prices are falling, and the southern California housing market is turning into a nightmare for sellers. To illustrate the severity of rates on the market,… Read More »

Learn How to Modify Child Support Orders

Question: My son, age 18, moved out of my ex’s, the custodial parents, home and lives with me, the non-custodial parent, who pays child support, can child support get terminated? My son is still in high school* but has decided he won’t stay at his mom’s house, she’s the Custodial Parent and receives child support… Read More »

Dividing the house or other real property in a California Divorce

I am often asked questions similar to this one: Am I entitled to anything from a living trust in divorce if I paid the mortgage? My ex put the home that we are living in into a living trust before the marriage. For the last 5 years or so, I have been paying the mortgage… Read More »

Family Law Courts Can Deny Need Based Attorney Fees as a Sanction for Bad Conduct

Intersection of need based attorney fees and sanctions. Recently I posted regarding the two different types of attorney fee awards available in family law courts in California: need based and sanction based. Read the article here: https://lnkd.in/gKdYifpS In a recent family law matter, the trial court denied a party need-based attorney fees under Family Code §… Read More »